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Journal articles on the topic 'Disputes'
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1
Wiegand, Krista E. "Mediation in Territorial, Maritime and River Disputes." International Negotiation 19, no. 2 (June 26, 2014): 343–70. http://dx.doi.org/10.1163/15718069-12341281.
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This article seeks to explain factors that make mediation attempts more or less likely in territorial, maritime, and river disputes. I argue that the intensity of the dispute and the salience of disputed territory have strong influence on mediation attempts. The study further examines the impact of these factors on the type of mediation strategy (directive, procedural, or communications). Hypotheses about mediation attempts are tested with the icow data set of interstate territorial, maritime, and river disputes from 1816 to 2001. Findings indicate that intensity of the dispute and salience of disputed territory have a strong impact on the selection of mediation in the first place, and second, that salience of disputed territory makes the directive strategy more likely, while intensity of the dispute makes procedural or communications strategies more likely.
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (February 1, 2019): 95–127. http://dx.doi.org/10.54648/trad2019005.
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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to litigation. Like the committees at the World Trade Organization, the committees established by the PTAs can foster dialogue and find technical solutions to disputed issues. By looking at the text of the EU PTAs as well as at available documents on their implementation, this article shows how these committees can tackle disputes.
3
Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (January 2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.
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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.
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Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (May 20, 2016): 1. http://dx.doi.org/10.31078/jk1311.
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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement of disputes. Where, for the settlement of disputed election results remain under the authority of the Constitutional Court, while the settlement of election disputes, local election disputes and disputes over the results of local election are handled by a special election court. The role of the election court referred to will be run by the Election Supervisory Body which will transform into a special election court.
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Hwang, Wonjae, Wonbin Cho, and Krista Wiegand. "Do Korean-Japanese Historical Disputes Generate Rally Effects?" Journal of Asian Studies 77, no. 3 (May 23, 2018): 693–711. http://dx.doi.org/10.1017/s0021911818000438.
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Does ongoing animosity between South Korea and Japan over the disputed Dokdo Islands and other issues that originated from historical disputes generate rally effects in Korean domestic politics? This article argues that the Dokdo Islands dispute—and related disputed issues rooted in the colonial experience of Korea under Japan's rule historically—strongly influence Korean presidents’ abilities to effectively mobilize domestic support for not only the issues, but particularly the public opinion of presidents. Using data on Korean presidents’ approval ratings between 1993 and 2016, this article shows that Korea's bilateral disputes with Japan tend to promote Korean presidential popularity. The findings suggest that external crises with Japan related to historical disputes have positive political effects on leadership ratings in Korea.
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Afriana, Anita, Sudaryat Sudaryat, Rai Mantili, and Ema Rahmawati. "MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM." VYAVAHARA DUTA 14, no. 2 (January 27, 2020): 74. http://dx.doi.org/10.25078/vd.v14i2.1255.
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<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer’s disputere solution which have lawcertainty.it can be concluded that the plurality<br />of consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommended<br />to utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.</p>
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Fravel, M. Taylor. "Power Shifts and Escalation: Explaining China's Use of Force in Territorial Disputes." International Security 32, no. 3 (January 2008): 44–83. http://dx.doi.org/10.1162/isec.2008.32.3.44.
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Although China has been involved in twenty-three territorial disputes with its neighbors since 1949, it has used force in only six of them. The strength of a state's territorial claim, defined as its bargaining power in a dispute, offers one explanation for why and when states escalate territorial disputes to high levels of violence. This bargaining power depends on the amount of contested land that each side controls and on the military power that can be projected over the entire area under dispute. When a state's bargaining power declines relative to that of its adversary, its leaders become more pessimistic about achieving their territorial goals and face strong preventive motivations to seize disputed land or signal resolve through the use of force. Cross-sectional analysis and longitudinal case studies demonstrate that such negative shifts in bargaining power explain the majority of China's uses of force in its territorial disputes.
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Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.
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The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.
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White, Peter B., David E. Cunningham, and Kyle Beardsley. "Where, when, and how does the UN work to prevent civil war in self-determination disputes?" Journal of Peace Research 55, no. 3 (January 17, 2018): 380–94. http://dx.doi.org/10.1177/0022343317744826.
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The UN has placed rhetorical emphasis on the prevention of armed conflict before it starts and has taken selective action toward that end. What determines where the UN gets involved? We examine UN preventive actions by focusing on UN Security Council (UNSC) resolutions in self-determination (SD) disputes. We argue that UN decisionmakers consider at least three factors when deciding where to target preventive action: the dispute’s conflict history, the potential for regional contagion, and the characteristics of the dispute. We further argue that the political dynamics of UNSC decisionmaking constrain the UN’s ability to pay attention to the third factor (the characteristics of the dispute). We test this argument using data on all UNSC resolutions comprising the authorization of diplomatic engagement, condemnation, the authorization of sanctions, and the deployment of force targeted toward SD disputes from 1960 to 2005. We find that the UN is much more likely to act in nonviolent disputes that have a history of violence and in disputes with a potential for regional contagion. The analysis shows that, while political barriers likely restrict the ability for the UNSC to act when dispute-level characteristics suggest armed conflict is more likely, the UN does act proactively to prevent violence, rather than just reactively responding to existing violence.
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Kismantoro, Bayun, and Akhmad Khisni. "District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)." Jurnal Akta 6, no. 3 (September 13, 2019): 461. http://dx.doi.org/10.30659/akta.v6i3.5105.
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The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant.
11
Gibler, Douglas M. "What they fight for: Specific territorial issues in militarized interstate disputes, 1816–2001." Conflict Management and Peace Science 34, no. 2 (July 18, 2016): 194–211. http://dx.doi.org/10.1177/0738894216653382.
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This paper provides a multifaceted classification of the primary issue for each state involved in territorial disputes between 1816 and 2001. I differentiate principally between cases in which ownership of the territory is disputed and cases over which status quo distributions of territory are acknowledged. I also consider the location of disputed territories—homeland vs other territories—and the types of actions in the dispute. This classification scheme produces categories such as (1) disputed ownership, (2) general border issues, (3) opportunity-based conflict, (4) state-system changes, (5) border violations, and (6) fishing rights and the hot pursuit of rebels. My analyses find that there is significant variation across types of territorial disputes, and serious conflicts are overwhelmingly concentrated in fights over bordering territories with disputed ownership claims. I suggest several ways in which this classification scheme can be used in future research.
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Mbengue, Makane Moïse. "The South China Sea Arbitration: Innovations in Marine Environmental Fact-Finding and due Diligence Obligations." AJIL Unbound 110 (2016): 285–89. http://dx.doi.org/10.1017/s239877230000917x.
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The South China Sea Arbitration is a leading case in a new generation of environmental disputes, namely, environmental disputes that occur in disputed territorial or maritime areas. The dispute between the Philippines and China before the United Nations Convention on the Law of the Sea (UNCLOS) Annex VII Tribunal (the Tribunal) dealt in significant part with the Philippines’ allegations of environmental violations by China. The Philippines asserted that China tolerated harmful fishing practices and proceeded with harmful construction activities, and that both caused serious harm to the marine environment of the South China Sea.
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RAZDYAKONOV, E. S., and I. N. TARASOV. "ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (CHAPTER 28.1)." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 134–79. http://dx.doi.org/10.24031/2226-0781-2020-10-5-134-179.
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This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a corporate dispute. The authors from the standpoint of the modern doctrine of the civil law process interpret the articles of Chapter 28.1 of the Arbitration Procedure Code of the Russian Federation, which regulate the consideration of cases by arbitration courts on corporate disputes. The content of the commented norms is revealed in their relationship with other norms of the APC RF, provisions of other federal laws and current legal positions of the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation. The allocation by the legislator of the procedure for considering corporate disputes in a separate chapter of the APC of the Russian Federation is due to the nature of the disputed material legal relations and the task of considering such cases using procedural features that make it possible to better ensure the observance and protection of the rights and legitimate interests of participants in a corporate dispute. These procedural features are established by the legislator in terms of determining the competence of arbitration courts to consider corporate disputes, requirements for a statement of claim (statement) in a corporate dispute, providing access to information about a corporate dispute, conciliation in a corporate dispute, application of interim measures, time limits for performing certain procedural actions, including time limits for appealing judicial acts, composition of court costs, grounds for imposition and amounts of court fines. These features are disclosed by the authors during commenting on the relevant provisions of the law.
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Kozhushko, Svitlana, and Daryna Niavchuk. "Problems of consideration of individual labour disputes." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 181–84. http://dx.doi.org/10.36695/2219-5521.1.2021.34.
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The article examines the problems of considering individual labour disputes. Labour disputes are a type of conflict. We considerlabour disputes, both individual and collective. An individual labour dispute is a disagreement that covers up contradictions and arisesbetween an employer and an employee in the process of an employment relationship. The difference between individual and collectivelabour disputes is that the first concerns an individual employee, and not the entire staff of the enterprise. There is a procedure for consideringindividual labour disputes.The Labour Code establishes the procedure for resolving labour disputes and specifies which bodies are authorized to resolvethese disputes. These bodies include labour dispute commissions and courts. A labour dispute commission is created at enterprises, institutionsand organizations to resolve individual labour disputes arising in labour relations.The main task of the commission is to resolve individual labour disputes at the place of their origin. The article defines the procedurefor applying to the labour dispute commission. Another body that resolves individual labour disputes is the court. The court, asa subordinate body, deals with individual labour disputes. You can go to court if the company, institution or organization does not havea labour dispute committee or if you disagree with its decision. Consideration of cases in court has a special procedure.Particular attention is paid to issues affecting the consideration and resolution of individual labour disputes. There are many problemsassociated with resolving individual labour disputes. There are no effective legal instruments necessary for the successful resolutionof labour disputes at all stages in Ukraine. Since not all enterprises can create LDCs (Labour Dispute Commissions), there is a needto introduce mediation into the legal field or create a competent body that would consider labour disputes at enterprises, institutionsand organizations in order to protect the labour rights of a person and a citizen.
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Huang, Jie (Jeanne), and Jiaxiang Hu. "Dispute Resolution Mechanisms and Organizations in the Implementation of One Belt, One Road Initiative: Whence and Whither." Journal of World Trade 52, Issue 5 (October 1, 2018): 815–37. http://dx.doi.org/10.54648/trad2018035.
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The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute resolution mechanisms including the ICSID under BITs. In the case of financial disputes, the newly established Asian Infrastructure Investment Bank may provide a platform for its members to settle their disputes. As for those countries which have neither acceded to the WTO nor joined other regional trade regimes, nor signed any FTAs or BITs with China, China may settle the disputes with them through government agreements like protocols, or refer the disputes either to domestic judicial bodies or to arbitration. The purpose for this is to ensure that dispute settlement under the OBOR Initiative will be more economical, efficient and enforceable.
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Zheng, Xiaoxiao, Yisheng Liu, Jun Jiang, and Nan Su. "Quantitative Assessment of the Likelihood of Disputes in PPP Projects Using Fault Tree Analysis." Buildings 12, no. 3 (March 21, 2022): 384. http://dx.doi.org/10.3390/buildings12030384.
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Disputes involved in public–private partnership (PPP) projects destroy the relationship between governments and private partners and generate huge losses. To multiply the chances of successfully preventing disputes, a holistic understanding of how a PPP dispute occurs is necessary. This paper contributes to the PPP dispute studies domain in (1) identifying various contributors that lead to the formation of PPP disputes at different levels, (2) proposing a fault tree (FT) framework of a PPP dispute, and (3) evaluating the likelihood of a PPP dispute and displaying the weakest part of a PPP project. First, three basic components that drive the development of PPP disputes are identified: project uncertainty, opportunistic behaviors, and contractual incompleteness. Second, scenario modeling of PPP disputes through fault tree analysis (FTA) depicts a more intelligible structure of PPP disputes. Furthermore, the fuzzy sets evaluation method was employed to compute the fuzzy occurrence likelihood of a PPP dispute. The results indicate that dispute is inevitable in PPP projects (with an occurrence likelihood of 0.9464). Additionally, opportunism is the dominant dispute inducer in PPPs. Our findings are expected to help PPP participants understand how various drivers contribute to the occurrence likelihood of PPP disputes where past data is inadequate. Then, more cost-efficient and appropriate preventive strategies can be developed based on the assessment to minimize the occurrence of PPP disputes.
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Birch, Julian. "Border Disputes and Disputed Borders: Border Disputes and Disputed Borders in the Soviet Federal System." Nationalities Papers 15, no. 1 (1987): 43–70. http://dx.doi.org/10.1080/00905998708408044.
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While the national question in the USSR has received much attention in terms both of the regime's ideological approach to it and the nationalist response to that approach, the issue of the actual minority territories created in the period from the 1920s to the 1940s has attracted little attention in recent times. Disputes over the external frontier aspects of some of these territories have certainly become familiar, as in the case of the Baltic states and Moldavia, but it is less widely appreciated that disputed borders were created, and continue to exist, within the USSR itself. A number of factors may account for this. In the first place, frequent disdain has been shown in Western emigre writings toward the very relevance of the Soviet federal system and its division of the country into units based either on ethnic composition or on administratively convenient populations. So readily have these divisions been bypassed by the Communist Party's own organization, the KGB, the military, the economic planning organs, major industrial enterprises and combines, and, increasingly, the legal apparatus, that it seemed legitimate to accord the system little import. Then again, with the passage of time, it has come to be taken almost for granted that such boundaries as have been established are correctly and irrevocably drawn to delineate the peoples therein. Finally, it has often been assumed, not least by Soviet officialdom itself, that the borders are destined to prove more and more irrelevant in an era of increasing personal mobility, urbanization, industralization, mass communications, and, most especially, of progress toward the goal of full communism. Nevertheless, despite the opportunities afforded by the change of constitution in 1977 to eradicate them, the territorial units remain, along with the problems they create, many now of longstanding.
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Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.
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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a complex protective legal relationship. The author shows the erroneous identification by some researchers of labor and public service relations and approaches to their determination of the legal nature of public service disputes, including the legality of the application of disciplinary sanctions. It has been substantiated that the legal nature of public service disputes in the civil service system is primarily determined by the content of the relations that underlie their occurrence—public service legal relations—and not by the forms of their consideration, which allows the possibility of applying labor and civil procedural legislation to disputed legal relations.The author defines a public service dispute and an official conflict, describes the signs of a public service dispute on the legality of the imposition of a disciplinary sanction, qualifies the subject matter of the dispute under consideration—substantive legal requirements (disagreements) of the parties that act as an element of the connection between the substantive legal relationship between the parties to the dispute and the procedure applied for the dispute consideration. It has been substantiated that the public service dispute consideration concerning the legality of imposing a disciplinary sanction, termination of a public service contract constitutes a type of law enforcement procedural activity that has its own basis, subject matter, goals, elements, procedural forms and stages, types of decisions, which makes it possible to single out such disputes as one of the administrative proceedings included in the administrative process structure.
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Richardson, Elliot L. "Jan Mayen in Perspective." American Journal of International Law 82, no. 3 (July 1988): 443–58. http://dx.doi.org/10.2307/2202960.
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On October 22, 1981, the Governments of Iceland and Norway approved an agreement for the joint management of the resources of the Jan Mayen continental shelf. Incorporating the recommendations of a three-member conciliation commission, the Agreement obviated the need to draw a line demarcating the right to exploit the nonliving resources in the disputed area. The proliferation of boundary disputes during the intervening 7 years makes this an appropriate time to look at the potential benefits of using this approach in other maritime boundary disputes. After reviewing the stages in the resolution of the Jan Mayen dispute and the terms of the Agreement, this essay will discuss other situations in which the joint development approach has been used, the factors affecting its success and some examples of current delimitation disputes where this approach may be applicable.
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Wibowo, Afrizal Mukti, Sukarmi Sukarmi, and Siti Hamidah. "ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA." Legality : Jurnal Ilmiah Hukum 27, no. 1 (July 22, 2019): 41. http://dx.doi.org/10.22219/jihl.v27i1.8957.
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Consumer financing disputes can be resolved by litigation and non-litigation. However, the choice of dispute resolution raises an competence dispute between dispute resolution institutions. Thus giving rise to legal uncertainty and losses for the parties to the dispute. The purpose of this study is to analyze the competence of consumer financing dispute resolution institutions in Indonesia. This research is a normative juridical approach with a legal, conceptual and case approach. The results of this study are that each dispute resolution institution has the attribute attributive in resolving consumer financing disputes. The competence to settle consumer financing disputes for each settlement institution must pay attention to two aspects, including the types of consumer financing disputes; and the choice of dispute resolution based on the agreement of the parties.
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Amer, Ramses. "The South China Sea." Asian Survey 55, no. 3 (May 2015): 618–39. http://dx.doi.org/10.1525/as.2015.55.3.618.
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The study analyzes disputes and dispute management in the South China Sea. The progress made is outlined through an overview and analysis of formally settled disputes. The unsettled disputes are identified, analyzed, and assessed. The study concludes with a broader assessment from the perspective of dispute management.
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Simpen, I. Ketut, and Herry Indiyah Wismani. "Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan." Jurnal Ilmiah Raad Kertha 2, no. 2 (July 8, 2020): 82–97. http://dx.doi.org/10.47532/jirk.v2i2.164.
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Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.
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Graham, Andrew. "Does Ontology Matter?" Disputatio 6, no. 38 (May 1, 2014): 67–91. http://dx.doi.org/10.2478/disp-2014-0004.
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Abstract In this paper, I argue that various disputes in ontology have important ramifications and so are worth taking seriously. I employ a criterion according to which whether a dispute matters depends on how integrated it is with the rest of our theoretical projects. Disputes that arise from previous tensions in our theorizing and have additional implications for other issues matter, while insular disputes do not. I apply this criterion in arguing that certain ontological disputes matter; specifically, the disputes over concrete possible worlds and coincident material objects. Finally, I consider how one could show that some ontological disputes do not matter, using a Platonism/nominalism dispute as an example.
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Porivaev, S. А. "Analytical Review of Judicial Practice in Resolving Administrative Tort Disputes Arising from Control and Supervisory Relations." Rossijskoe pravosudie 2 (January 28, 2021): 64–77. http://dx.doi.org/10.37399/issn2072-909x.2021.2.64-77.
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The review introduces a special concept of an administrative-tort dispute arising from control and supervisory legal relations, and identifies two independent types of such dispute resolved by courts: punitive administrative-tort disputes and restorative administrative-tort disputes. The article considers the practice of courts of general jurisdiction and arbitration courts in resolving administrative tort disputes arising from control and supervisory relations. The main types of judicial errors in such disputes are studied. The principles of law applied in the resolution of this category of disputes are analyzed.
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Оніщик, Юрій. "Альтернативні способи вирішення митних спорів." Krakowskie Studia Małopolskie 36, no. 4 (2022): 122–39. http://dx.doi.org/10.15804/ksm20220408.
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The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is drawn to the fact that among scholars there is no single approach to understanding the nature and legal nature of the institution of dispute resolution with the participation of a judge. It is concluded that dispute resolution with the participation of a judge is an independent way of resolving customs disputes, which is coordinated directly by the judge. It is pointed out that the application of the institute of dispute resolution with the participation of a judge in customs disputes is limited, namely: in cases at the request of customs authorities in the exercise of their statutory powers and in typical cases. It is emphasized that the role of the institution of conciliation of the parties as a way of resolving customs disputes is that its application is possible at any stage of proceedings in customs disputes in the administrative proceedings of Ukraine. The author’s understanding of the following categories is given: «alternative ways of resolving customs disputes» is a set of procedures aimed at peaceful settlement of conflicts by mutual will of both parties; «settlement of a dispute involving a judge» is a way of resolving customs disputes involving a judgerapporteur for the peaceful settlement of the conflict between the parties; «reconciliation of the parties» is a way of resolving customs disputes, which is aimed at peaceful settlement of the conflict in court by mutual will of both parties. It is stated that in resolving customs disputes in court, dispute resolution with the participation of a judge can be applied only before the trial on the merits, and conciliation of the parties – at any stage of consideration and resolution of the case. It is noted that the existing legal regulation of alternative ways of resolving customs disputes needs to be updated, harmonized and systematized. In order to ensure effective functioning of alternative methods of resolving customs disputes in Ukraine, it is proposed at the legislative level to provide that in addition to administrative and judicial procedures, customs disputes may also be resolved using alternative methods and regulate pre-trial and judicial alternatives.
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Tanriverdi, Cenk, Guzide Atasoy, Irem Dikmen, and M. Talat Birgonul. "CAUSAL MAPPING TO EXPLORE EMERGENCE OF CONSTRUCTION DISPUTES." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 27, no. 5 (May 27, 2021): 288–302. http://dx.doi.org/10.3846/jcem.2021.14900.
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Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping approach to understand dispute emergence patterns in practice. Initially, a causal map of construction disputes is developed based on literature. The map is altered and verified through an expert workshop, considering projects contracted through FIDIC Yellow Book. The causal representation of the dispute emergence patterns highlights the importance of pre-construction studies, people factor, and contract terms. It is revealed that significant causes are either result of a chain of preceding factors or are triggers for further ones. This finding reinforces that the occurrence of disputes does not only depend on individual causes; rather, these causes combine with a series of other factors for a dispute to occur.
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Slyvinska, A. V. "CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES." Economics and Law, no. 2 (September 9, 2021): 40–52. http://dx.doi.org/10.15407/econlaw.2021.02.040.
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The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.
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Conley Tyler, Melissa H., and Mark W. McPherson. "Online Dispute Resolution and Family Disputes." Journal of Family Studies 12, no. 2 (November 2006): 165–83. http://dx.doi.org/10.5172/jfs.327.12.2.165.
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Rohman, Adi Nur. "SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY." Diponegoro Law Review 7, no. 2 (October 27, 2022): 230–44. http://dx.doi.org/10.14710/dilrev.7.2.2022.230-244.
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This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.
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Shash, Ali A., and Salah I. Habash. "Disputes in Construction Industry: Owners and Contractors’ Views on Causes and Remedies." Journal of Engineering, Project, and Production Management 11, no. 1 (January 1, 2021): 37–51. http://dx.doi.org/10.2478/jeppm-2021-0005.
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AbstractThe construction industry is prone to conflicts and disputes due to complexity, competitive environment, and complicated project documents. In this complex environment, members from various professions, each has their goals and desires to secure the most of his own benefits, work together to build a structure. The objectives of this study were to investigate the frequency, causes, and remedies of disputes in the Central Province of Saudi Arabia. The required data were collected, through a questionnaire survey, from 130 contractors and 54 owners located in the Central Province. This study reveals that disputes in the Saudi construction industry are inevitable with a frequency of occurrence exceeds two disputes per month. Project documents, owners, and contractors to some extent are the sources for such disputes. Project documents are poorly prepared with inaccurate specifications, ambiguity in contract wording, contradictions between project documents, unrealistic project duration, the inaccurate bell of quantities (BOQ), and weakness in contract language. Owners cause great disputes through sizable variation orders exceeding allowable limits, changing item descriptions and quantities in BOQ, interfering in the execution of the contract, and delaying responses to requested information/approvals. Contractors cause disputes through poor contract administration. Contractors follow a combined strategy (mitigating disputes and holding only the disputed work area only) and owners either mitigate disputes or hold disputed scopes. Government owners mostly mitigating disputes and, conversely, private owners hold the disputed scope and continue with the rest of the project. This study is believed to contribute to the current body of knowledge in disputes and contractors and owners by providing effective mitigation techniques that will assist them in minimizing the negative impacts of disputes.
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Əlitahir oğlu Xammədov, Elxan. "Procedure for out-of-court resolution of individual labor disputes." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.
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The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes
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Cotillon, Hannah. "Territorial Disputes and Nationalism: A Comparative Case Study of China and Vietnam." Journal of Current Southeast Asian Affairs 36, no. 1 (April 2017): 51–88. http://dx.doi.org/10.1177/186810341703600103.
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In autocracies, nationalism appears to have merged with geopolitical thinking. In light of this geopoliticisation of nationalism, it is surprising that the literature has paid virtually no attention to the role of territorial disputes as a conditioning factor. The present study seeks to further enhance the field by factoring in the role of territorial disputes in triggering different expressions of nationalism. It develops an analytical framework for typologies of nationalism according to four territorial disputes: China's dispute with Vietnam over maritime territory in the South China Sea, China's dispute with Japan over maritime territory in the East China Sea, Vietnam's dispute with Cambodia over territorial border demarcations, and Vietnam's dispute with China over maritime territory in the South China Sea. The respective disputes of China and Vietnam are analysed and tested against criteria of expressions of nationalism in autocracies. We find that territorial disputes and therefore external context are important conditioning factors of nationalism in autocracies.
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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (February 11, 2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.
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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is in dispute. Basically, the choice of dispute resolution can be done with 2 (two) processes. The process of dispute resolution through litigation in court and non-litigation, as the initial stage of settlement, this paper has highlighted the settlement of property disputes in the initial residence using mediation as an alternative dispute resolution in property disputes with a voluntary mediation scheme. Keywords: Alternative Dispute Resolution, Voluntary Mediation, Ownership Rights
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Alaloul, Wesam S., Mohammed W. Hasaniyah, and Bassam A. Tayeh. "A comprehensive review of disputes prevention and resolution in construction projects." MATEC Web of Conferences 270 (2019): 05012. http://dx.doi.org/10.1051/matecconf/201927005012.
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The construction industry is complex, fragmented, dynamic and involves many parties in an adversarial relationship. This makes disputes almost inevitable in any construction project. This paper aims to provide a comprehensive review of the adopted methodologies in resolving disputes that arise in the construction projects. The paper evaluates and classifies the different methods of disputes resolution. A comparison was conducted between the advantages and disadvantages of each method. The paper distinguishes between the traditional method of disputes resolution; litigation and Alternative Dispute Resolution (ADR) methods such as arbitration, mediation, med/arb, mini-trial and dispute review board. In conclusion there is no best way to solve all kind of disputes in construction projects, however, a general step by step process of how disputes should be addressed is finally presented.
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Mazaraki, Nataliia Anatoliivna. "EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(14) (March 1, 2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.
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Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.
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Ulugmurodovna, Rahimkulova Lola. "Issues Of Improving The Work Of The Labour Disputes Commission." American Journal of Political Science Law and Criminology 02, no. 12 (December 27, 2020): 61–66. http://dx.doi.org/10.37547/tajpslc/volume02issue12-10.
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This article covers: the concepts of labour conflicts and disputes; some shortcomings in the organizational and legal form as well as activities of the Labour Disputes Commission; procedural aspects of dispute resolution in the Labour Disputes Commission; proposals and recommendations for legislation to improve the work of the Labour Disputes Commission.
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Rahmawati, Rahmawati, and Dyah Lituhayu. "Land Conflict Management as an Effort to Secure Serang Regency Government Assets." Jurnal Administrasi Publik : Public Administration Journal 12, no. 1 (June 5, 2022): 20–30. http://dx.doi.org/10.31289/jap.v12i1.5889.
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This paper aims to analyze the management of land conflicts that occurred in the assets of the Serang Regency Government as a form of securing their assets. The problem is focused on efforts to solve land disputes or conflicts and the asset security strategies that were carried out. To approach this problem, Fisher's theory of conflict management and Siregar's asset management theory were used. Data were collected through interviews, observation, and literature study and analyzed descriptively qualitatively. This study shows that land asset conflicts occur predominantly between individuals and the Serang Regency Government regarding land grants given for the use of public facilities such as education and health, however without being accompanied by official documents. Settlement of land disputes was carried out through a compromise approach and reaches the court level if no common solution was found. Dispute resolution aims to administratively complete land ownership documents. Physically avoiding illegal land use and legal security related to dispute resolution through the courts to determine the legal ownership of disputed land assets. It can be concluded that Serang Regency Government must fix all land disputes that occur so that the land assets owned can be maximized and do not disturb the socio-political stability in the society.
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Liddicoat, Joy. "A country road: domain name disputes in .nz—is private dispute resolution working?" International Journal of Law and Information Technology 27, no. 4 (2019): 409–36. http://dx.doi.org/10.1093/ijlit/eaz013.
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Abstract Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the “unfair registration” test which contrasts with Nominet’s .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.
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Pak, Hui-Chol, and Hye-Ryon Son. "Analysis on the Definition of Japanese Territory After World War II in Terms of International Law: the Southern Kurils, the Diaoyu Islands and Tok Islet." Russian Law Journal 8, no. 4 (November 24, 2020): 30–52. http://dx.doi.org/10.17589/2309-8678-2020-8-4-30-52.
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Geopolitical tensions have periodically risen in the Asia-Pacific region due to territorial disputes between Japan and its neighbours over the Southern Kurils (the Northern Territories), the Diaoyu Islands (the Senkaku islands) and Tok Islet (Tok Islet (Dokdo)/ Takeshima). There is, of course, great discrepancy between the disputes over the Southern Kurils, the Diaoyu Islands and Tok Islet (Dokdo) in terms of their respective origin and legal nature, and effective control over them, and the historical and legal grounds on which the disputing states rely in their claims over the disputed territories vary widely. But what is consensual and definite is the fact that the islands in dispute were already excluded from the Japanese territory under the international legal acts deciding Japanese territory after World War II. The paper examines and analyzes Japanese reasoning behind its claim over the disputed territories in terms of relevant international legal acts relating to the delimitation of Japanese territory after World War II.
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Supeno, Supeno. "INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (June 30, 2020): 147–62. http://dx.doi.org/10.19109/nurani.v20i1.6043.
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The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economic stability and world trade. Dispute resolution agencies that need special attention are Dispute Settlement Body and International Arbitration. In this article author using the goodfaith theory as the importand principle in the dispute dispute of international business. The author would like to disclose some international trade dispute settlement which becomes the choice for disputing countries so that the writer can formulate the following problem of Settlement of international trade disputes through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) and international trade disputes through international arbitration bodies.
Keywords: international trade dispute, dispute settlement, Arbitration
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Teku, Lusiana Maryati Karuni Poso, Mujiati Mujiati, and Dian Aries Mujiburohman. "Penyelesaian Sengketa Pertanahan Melalui Perbaikan Kualitas Data Pertanahan Di Kabupaten Manggarai Barat." PERSPEKTIF 11, no. 2 (April 18, 2022): 779–85. http://dx.doi.org/10.31289/perspektif.v11i2.6120.
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One of the causes of land problems is the absence of complete and accurate data on registered land ownership. This happens because the digitization process has not yet been completed, whether the certificates, land books or letters of measurement and maps. So, the purpose of this study is to analyze the quality of land data to identify and resolve land disputes. The method used is a qualitative descriptive method, with the results showing that one of the Independent Land Data Quality Improvement activities (PKDPM) produces a dispute map containing the names of the parties with problems and the location of the land indicated as problematic. Based on the dispute map, it can identify 58 (fifty-eight) land disputes which are classified into 4 (four) namely overlapping, boundary disputes, inheritance disputes and land ownership disputes. However, out of 58 disputes, only 5 cases could be resolved through mediation at the West Manggarai Land Office. So, it can be concluded that PKDPM activities are only able to identify disputes, but are not able to resolve existing disputes.
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Wang, Lan. "A Brief Analysis of the Defining Standard of the National Territorial Boundary Treaty." Law and Economy 2, no. 2 (February 2023): 31–36. http://dx.doi.org/10.56397/le.2023.02.04.
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Territorial sovereignty refers to the supreme power a country has over its territory itself and the people and things within its territory, and its content includes ownership and jurisdiction. The state’s ownership of the territory means that the state has the right to possess, use and control all the land and resources within its territory, so the importance of territorial treaties is self-evident. The area under the jurisdiction of a sovereign state usually includes land (territorial land), internal waters (including rivers, lakes, and internal seas) within a country’s national borders (borders), as well as their sub beds, subsoils, and airspace (airspace). Sometimes it also includes territorial waters. There are often disputes over territorial disputes between different countries. Therefore, the International Court of Justice needs to make correct judgments based on the treaty. In judicial practice, a treaty accepted after analysis has a decisive weight in determining the territorial sovereignty and boundary of the disputed country. Therefore, the parties will provide a large amount of treaty evidence to the International Court of Justice based on their respective interests. In general, the case law of the International Court of Justice on territories reveals two common disputes. The first type of dispute is related to the existing territorial treaty; the second type of dispute involves not the existence of the territorial treaty itself, but its validity. Territorial sovereignty belongs to a country’s core interests. Based on the provisions of Articles 31-32 of the Vienna Convention on the Law of Treaties, the International Court of Justice adopted defining standards such as “substance superior to form” and “consent” when resolving disputes over national territorial border treaties. However, some treaties concerning territorial sovereignty will cause disputes, so the definition of territorial treaties needs to be further determined.
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Gunawan, Ari. "Conflict Mediation Based on Local Wisdom: Study on Customary Dispute Resolution in Pelompek Village, Gunung Tujuh, Kerinci." MUHARRIK: Jurnal Dakwah dan Sosial 4, no. 02 (October 1, 2021): 237–54. http://dx.doi.org/10.37680/muharrik.v4i02.996.
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This study aims to analyze the role of a custom mediator (Depati Niniak Mamak) in resolving customary disputes at Pelompek Village, Kerinci Regency. This research is qualitative and the data were obtained through observation, in-depth interviews, and documentation. The data were analyzed through the following stages: data reduction, data presentation and drawing conclusions or verification. The validity of the data was tested by using the triangulation technique. The results show: 1) several disputes that have occurred in the indigenous people of Pelompek village in recent years are disputes over the unilateral management of TKD by the village since 2014, the dispute over the management of the Telun Berasap waterfall between the village community and the tourism office in 2019, the dispute between the village head and the Panwaslu in 2019, and the theft of cinnamon by residents in early August 2021, 2) supporting factors for resolving customary disputes in the Pelompek community are: a) the capacity of the depati ninik mamak in resolving disputes, and b) the motivation of the disputing parties themselves to resolve disputes. 3) inhibiting factors for dispute resolution: a) emotional feelings of both parties to the dispute, and b) lack understanding of customary law.
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Kaya, Serkan, Muhammed Danyal Khan, and Rao Imran Habib. "Advanced Technologies for Supporting Dispute Resolution: An Analysis." Review of Applied Management and Social Sciences 2, no. 1 (June 30, 2019): 47–57. http://dx.doi.org/10.47067/ramss.v2i1.14.
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Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some successful examples of global ODR services.
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Samuel, Samuel, and Siti Nurbaiti. "KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH." Jurnal Hukum Adigama 2, no. 2 (December 27, 2019): 392. http://dx.doi.org/10.24912/adigama.v2i2.6538.
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In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.
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NGUYEN, Lan Ngoc. "The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?" Asian Journal of International Law 8, no. 1 (January 12, 2017): 91–115. http://dx.doi.org/10.1017/s204425131600031x.
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AbstractAsia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.
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Wulandari, Mona, and Saifullah Basri. "Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia." Wajah Hukum 6, no. 2 (October 14, 2022): 441. http://dx.doi.org/10.33087/wjh.v6i2.1081.
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After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.
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ONISHCHYK, Yurii, and Karine ABDUKADYROVA. "Procedures settlement of customs disputes in the administrative proceedings of Ukraine." Economics. Finances. Law, no. 9 (September 30, 2021): 8–11. http://dx.doi.org/10.37634/efp.2021.9.2.
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It was found that customs disputes in administrative proceedings are resolved in the general claim procedure, simplified claim proceedings and claim proceedings in certain categories of administrative cases. Examples of such administrative cases on customs disputes are given. The procedure for resolving administrative cases on customs disputes in the court of first instance is considered. It is established that at the stage of preparatory proceedings such procedures for resolving customs disputes in administrative proceedings as the procedure for settling a dispute with the participation of a judge and the procedure for conciliation of the parties are provided. The specifics of these procedures for resolving customs disputes in administrative proceedings are described. It is concluded that in resolving customs disputes in administrative proceedings, the dispute settlement procedure with the participation of a judge can be applied only before the trial on the merits, and the conciliation procedure — at any stage of consideration and resolution of customs disputes in the manner prescribed Code of Administrative Procedure of Ukraine. It is noted that in contrast to the dispute settlement procedure with the participation of a judge, the decision on the results of the conciliation procedure of the parties can be appealed. It is noted that the forms of review of court decisions have certain features, but in general are carried out according to the general procedure of consideration and resolution of customs disputes in administrative proceedings. It is stated that the procedures for resolving customs disputes in administrative proceedings are characterized by certain specifics. This is due to the special subject composition (obligatory subjects of resolving customs disputes in court are customs authorities and individuals or legal entities that move items across the customs border), the scope of legal regulation (customs disputes arise from customs relations) and evidence (documents and information required for customs control and customs clearance).
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Aswandi, Andi. "UPAYA HUKUM DALAM PENYELESAIAN SENGKETA PERDAGANGAN EMAS BERJANGKA PADA PT. RIFAN FINANCINDO BERJANGKA PEKANBARU." JCH (Jurnal Cendekia Hukum) 4, no. 2 (March 28, 2019): 302. http://dx.doi.org/10.33760/jch.v4i2.107.
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Gold futures trading is very vulnerable to disputes. Therefore, understanding the efforts to resolve futures trade disputes is very important to know. This research was conducted empirically, the nature of descriptive analysis research with qualitative data analysis. Futures trading dispute at PT. Rifan Financindo Berjangka Pekanbaru is caused by customer misunderstanding about the process and legal aspects of futures trading. This was made worse by the lack of education conducted by futures brokers and the existence of unlawful acts committed by sales marketing and futures broker representatives. Gold futures trade dispute settlement can only be done by litigation in the South Jakarta District Court or non-litigation through the Commodity Futures Trading Arbitration Board. Constraints encountered in resolving disputes are; disproportionate choice of dispute resolution forums, lack of customer understanding of legal aspects in resolving disputes and violations of Standard Dispute Resolution Operational Procedures.
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Izzati, Nur Arissa, Chusnul Qotimah Nita Permata, and Miftah Santalia. "Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths." Lex Scientia Law Review 4, no. 1 (May 8, 2020): 1–18. http://dx.doi.org/10.15294/lesrev.v4i1.38261.
Full textAbstract:
Conflicts or disputes over maritime boundaries often occur, disputes that cause two or more countries are one of the authorities of their respective countries to conduct negotiations so as not to cause prolonged conflict or dispute. Border disputes between sea, island, and state are included in the affairs of the international court through the role of international law, such as the dispute between Indonesia and Vietnam in the Natuna Sea region which mutually claims sea borders both the continental shelf boundaries and the Exclusive Economic Zone (EEZ) boundaries, disputes between Indonesia and Malaysia in the Malacca Strait, the South China Sea Dispute, and so on. The existence of unilateral claims from each country there are still problems regarding sea borders that cause relations between countries experiencing conflict. Problems that cause disputes between countries are caused because the negotiations between the two parties have not been completed, violations occur by the disputing countries, there are still unclear sea boundaries, and others. The United Nations Convention on The Law of the Sea (UNCLOS) 1982 is an international maritime law that applies in the resolution of disputes at sea, but only countries that have ratified UNCLOS can apply this international sea law. In resolving this dispute a country can do with two channels namely litigation and non-litigation, where litigation is used for the last point in this dispute through ITOLS. The purpose of writing this article is to find out how the effectiveness of sea base dispute resolution in Indonesia through litigation and non-litigation.